notice of this meeting of the Zoning Board of adjustment was sent by email to the press and the coar official newspapers and posted on the bolon board and the building Mr Ross M here Mr Mr L here
mror here Mr O'Neal mrgd and Mr Al are all absent States and Mr can I have a motion to approve the minutes of the January 30th meeting motion second Mr R yes Mr Greg yes M yes mrben
yes Mr yes okay and Mr acting chair um I guess the first official uh business should be we should just uh officially have make a motion to have appoint you as temporary acting chair in the absence of the chair
and vice chair absence of everyone else yes make that motion I'll second that motion and all in favor congratulations where's his right exactly I got my we have a resolution sure so we have
a bunch of resolutions and they were all sort of complicated uh Ever Changing situation so I'll go through them the first one is Cronin now this was um an application uh to request the sun
room addition on an existing single family home and let's see um just the gist of this my notes was that uh just so you all know we're going basically said at
the October 24th 202 public hearing the board members expressed questions comments and concerns regarding the accuracy of the building coverage and lot coverage calculations on the submitted plans the appc representatives confirm that submitted building coverage and lot coverage calculations were accurate and that no building coverage
lot coverage variance was required thus the bmar zoning board conditionally approved the application um at the October 24th zoning board meeting with the condition that the applicants reconfirm the compliant nature of the overall building coverage and the compliant nature of the overall lot
coverage and then etc etc upon further review it turned out that they did need those building covers and lot covered variants and so even though this resolution was ready to be adopted at the November meeting we put it on hold pending um um their return they did return they came back and they noticed
for the building coverage a lot coverage variants so we gave them that approval and uh so basically this is the same resolution that we submitted last time didn't adopt but just says yes they do need the building coverage and line coverage and the condition of not were
um that the home only be utilized and maintained and Market as a single family home as opposed to a two family home or mother daughter structure the uh relocation of the existing non-conforming shed to a zoning compliant location confirmation that the existing lot coverage is
67.8% I think there was a error and confirmation that they uh get they update the and put the corrected zoning chart on the plans and also I think they have to complain with any necessary permit if there is
one required for the artificial turf um Joe kba the applicant's planner did review this and said everything is is in order so if you all want to adopt that we we can certainly do that call for a motion to approve those that this
resolution motion second does anyone to second that M yes Mr gr yes Mr yes Mr yes in April while you were gone we made a motion and was seconded and everyone
voted to make Phil acting chair um he grabbed the gra and B it down and just for this uh all right Mr chairman next up is carara now um I spoke to Joe K kba tonight the applicant planner and I'm
going to ask and he asked that this be adjourned uh uh because I had it remember this is a very complicated application that they made significant changes which you were all satisfied I had written in here that that rear um
structure remember that going to be a two-part garage and I thought that all the living space was going to be eliminated from that um and they said he is on the impression that that some living space is down there um so what
I'd like to do is just clarify those conditions and and make sure that we're on board but if we could adjourn that with his consent if you're okay with that we can do that at the next meeting we need a motion for that sure motion to carry it a motion to car that for the next meeting
motion thank you uh he thought that they could still have uh some living space um down there um and he gave me like two pages of notes to add so I I'll I'll incorporate that
in and just make sure that we're all go over in detail the next um application I mean is that was that your memory that that was one where was a staircase in the middle or something front and back and they were going to have no living space in the back okay so
because I said I thought it was just no living space down there was going to be all a two-car garage so then that it there was living space behind it behind the staircas but they were opening up the staircase and the door so that it
could only be one unit with one defined un one defined so I'll incorporate these changes so if we're okay to do that at the next meeting I'll have that and then the next one was uh Thorn now this was a
um a rather tricky one as well ultimately well I guess we should say you'll recall that initially uh well just the gist of this one um as indicated currently two dwelling
units at that site uh two dwelling units are not permitted on one lot in this Zone and as initially submitted remember they were looking for the expansion of the existing front structure uh dwelling unit and the demolition of the existing rear structure dwelling unit and the Reconstruction of a new rear structure
new dwelling unit and you all had concerns about General reluctance to Grant use variance belief uh and accept an extraordinary circumstances apprehension about creating a recreating second dwelling unit on the lot there
were concerns about whether they applicants had satisfied the rigorous legal standards associated with use variance relief um there were concerns as to whether that existing rear structure could be or otherwise should be eliminated there were concerns with the rear structure were eliminated the site could be converted converted into a
conforming use and uh there were concerns that the expanded front structure and the new re structure could overwhelm or over taxed a lot were concerns that the conversion of the rear structure to a garage if they would agree to do that would allow the site to operate in a more compliant fashion and
there were concerns that rebuilding and reconstructing that rear structure that second rear dring in it would significantly and exponentially highlight and pronounce the non-conforming nature of the lot and there was also concerns that what they were doing was not necessarily
consistent with the master plan so anyway make a long story short um I said against such a backrop that there was sufficient support to approve the initially submitted use variant application and we explained to them they needed five votes they explained to them the theory of rescue toata and
afterwards they um decided that they would come back and they came back and they saw it approval as modified for the construction of improvements to the existing front single family home elimination of that currently existing rear structure dwelling unit and construction of a new two-car garage and
the resolution says as amended much better application it's going to significantly reduce the overall intensity overall density and it's going to be better for the net site the neighborhood and the uh Community as a whole and remember this new garage is
going to be 88 square fet and we're saying that's bigger than than the normal but against all the other weing all the other factors and eliminating that nonconform in use you all have agreed that uh the balance of the
equities say app and the gist of the conditions um are that um in conjunction with the Demolition of that RAR structure we going to permanently and officially abandon the two nature lot nature of that lot and we're also
specifically saying that we reviewed and approved the architectural which were marked plans which were marked with the record as 85 um specifically superseding the A4 ones that were marked at the first meeting and um let's see they're
not going to use utilize that garage as living space and there are a couple of I'm sorry I'm going there are a couple of conditions confirmation that that new garage will be a two or two and a half story car garage the storage area the new garage shall not be utiliz as dwelling space or living space
confirmation that the new garage should be 27 ft in width in the front 35 ft in width in the rear um confirmation that new garage will have a minimum compant 5 yard set proper line and same thing minimum compant 5 yard set back off the
rear yard including the overs confirmation that it's not exceed the height of the G doesn't exceed 18 ft the length of gar not exceed 35 ft new garage not exceed 88t in area confirmation that the overhang over the
front porch shall be reduced to 2 ft they're going to connect to the existing t connect to the existing sewer line if necessary and if not possible then they have to new is that okay we had um confirmation that the new garage shall
be heated with a minimum split contact heating pump guess replacing the existing hbac system the garage shall comply with all prevailing setback requirements the garage will be fire rated if required by the regulations um we also want to make sure that the setbacks had to be the new
garage had to be calculated by the actual setback measurements as opposed to the quotequote clearance distances and um we also said which is a little bit of a uh unique thing is that they might agree to um relo slightly
relocate the garage so we're sort of said if they do that it's got to have a minimum 3ot clearance from the sideline and from the rear property line maximum twoot overhang um 5ot clearance from the vertical wall and compliance setbacks and the variance three no new variances
and we basically said if that is they're going to relocate it's got to be only a slight relocation and provided the slightly relocated garage satisfies the above criteria and doesn't create any new variances or exacerbate any previously branded variances then I'm
saying they do not have to come back to the board and that was I think the just of what we said and um we also wanted to make sure that the copy of the resolution goes to the tax so that one was a little long a little complicated um because the application had so
dramatically changed but if that's okay we can accept that legal review if you're okay with that think I'm okay with it if board members are okay can iot for a motion to approve that resolution yes yes Mr yes Mr yes mror
yes all right and final resolution is uh 115 13th Avenue that was use variance and V variance relief associated with a request to effectuate a number of improvements to an existing two family home the application was approved and the
um um this is one where she said I think the witness said man made me take down that Gage that one yeah uh and so the uh conditions of approval were confirmation that the fire erress details for the window shall comply with prevailing requirements uh the attic not be
occupied utilized rather as marketed as a bedroom the attic shall only be utilized as area uh no door leading to the attic uh new siding for the garage shall appropriately match and complement the two family structure uh the sidewalks that are installed have to be
paer sidewalks the driveway has to be a paer driveway um they're going to take care replace Landscaping as necessary and um they are
um um let's see I think that was the the gist of the the um and we also have upon completion of the improvements the applicant's design professional shall submit a certification confirming that
the um house was approved in accordance I mean the house was the improvements were constructed in accordance with the testimony the approv plans and the resolution so if that's acceptable we can adopt that as modifi and the sidewalks that you're talking about that are PID all in the property they're not
the sidewalks out so I'll clarify that I don't know if you need to but I think to doesn't allow Pap sidewalk so okay should I take that out just make a note that it's it's not the sidewalks out by the curve got it
not curve sidewalks thank you can I call for a motion to approve that resolution motion thank you okay that's yes M yes Mr gr yes Mr yes mror yes pull our first applicants up is
Chuck and Lori while they're getting set up if I could just make two announcements um the application for Jonathan Zora 515 Avenue is going to be postpone to our March 27th meeting and there will be new noce for
that Cor uh not that one oh I'm sorry I'm sorry um and then the other I'm sorry so Zam Zamora is being adjourned and did they request it they did they gave us consent so that's after 5:00 it was okay
got and then the app we should just a motion to carry this hearing when March 27th without the need for any further public notice correct okay if that's acceptable we'll have a motion to that can we have a motion to car this Mar 27 without further public
notes I do all all in favor yeah the only concern I have on that quite a while ago he came well this is the this was the one that
we were going to but then we decided that we wanted to drive the corner lot family on the corner and they we wanted our engineer to review it
based on his comments when ioke to he's how he wants to proce I thought he was going to redo his plans but I guess they not he's not short yet okay but if he does redo his plans then he's going to have to notice
if he Chang I guess so we should clarify to say that if the nature of the application materially changes then he may have to re this just there um and then the other application we have for J Donovan and sorry did we
V for 103 12th Avenue that one um there was an issue with the notice it had the wrong date so we're going to carry that one to the March 27th meeting and they will reing notice for that all
right I I like the way the acting chairman just clears the agenda right I don't want to D down here to our app and so what we're going to do on this one with with um Croco we're going to just do a couple real quick
preliminary procedural things so first up we're g to swear in my good friend tedan Ted you are the zoning officer and the construction official do you swear that the information and testimony you're about to provide to the exential provid to be the TR best knowledge to help you guys thank you and you'll
recall further that this is an application that was car from December 19th of 2024 so April is everyone here available tonight yes okay and um I wasn't here for that but I read the minute and we recall there were some comments and
concerns and discussions about uh a deed restrict and deed restriction potentially um creating a second dwelling unit but only for a certain uh uh person or persons and I think there was some hate we have to do some
research on that so the application was carried and the plans were revised and uh Mr Jeff beakman the applicant attorney was good enough to Reen notice so is there anyone here who had any uh because they revised the plan was there anyone here who had any questions
comments or concerns regarding the notice they received the sufficiency of the notice all right we don't see any uh the board secretary and I reviewed everything and found everything to be in order so it would be my humble opinion that we have jur to proceed tonight and
Jeff I think we're going to mark two things into the record A8 is a revised minor land use certificate and um dated February 15th 2025 so that's A8 and then we're
going to Mark as A9 uh architectural plans prepared by Mary Hearn dated August 26 24 last devis February 10th 2025 consisting of two sheets I think that's it that's it uh
evening jeffman Jeffrey beakman be Law Firm Ocean Grove New Jersey I also was not here the last hearing but I'm here this uh hearing um because my partner had a cover for me but we have the same application we have the same exact
property with the exception that we are removing the second floor um apartment and instead what we want to do is propose the existing structure to be called now a pool housee according to your pool housee ordinance in light of that we still need variances from the
board U because of setbacks uh height and um things like that relative to the pool house uh and my uh clients are also asking the ability to have the first floor only um heated and uh heating cooling on the first floor with a half
bathroom um so that's the gist of the change of the application uh indicated in the testimony at the last hearing all of these structures that are on the site as as shown they exist today it's just a matter of how they're how they're utilized and um so what my client is
proposing to do is to utilize what was once uh a garage and has garage doors it appears to be a garage uh they're proposing to utilize that now as a pool house uh for the first floor only with storage only on the second floor uh so
with that I will I have Mary Hearn here to testify I don't think we need any more testimony from my client at this point they did testify at the last hearing but I obviously reserve the right to call them should that all right so Mary Hearn uh if you could just raise your right hand do you swear that the
information and testimony you're about to provide will be the truth to best your knowledge to help you guys I do and you're testifying in Your Capacity as a licensed architect and your credentials and licenses are current up to date correct thank you thank you one other
thing I just just wanted to add so so what this does also it removes the use variants from the application so the reason why we Reen noticed is before it was proposed to use this structure as a garage with an apartment um now it's proposing to use this structure as a
pool house which still requires as as I indicate variances that Mary will talk about so Mary um since the December meeting uh we had some discussions with the crocos can you just provide some overview with the board of the changes that were made uh and you know
identifying obviously the the bullet points as shown on your advice plan yes so when we were here last we were proposing um renovating the interior both first floor and the second floor um leaving the first floor open um I called
it a garage the driveway doesn't attach um and then there was an apartment proposed above with a bedroom a bathroom a kitchen Family Dining open area uh on the second floor and now the crocos have
decided um they would do not want the apartment anymore and would like to use the whole first floor more in conjunction with the pool area than as a garage again the driveway does not go to the garage now we don't want it to go to
the garage now um they could open the garage doors and have furniture and seating in there use it as a pool house um they would like to heat and cool it so they can use it when it's very hot or
very um cold and that is not allowed in your pool house ordinance so we are allowed a pool house um the pool house if we were building it new would need to meet the accessory
structure rear set back this existing accessory structure is only 2.5t off the rear so that's one bulk variants we would be seeking tonight again pre-existing condition that would continue um and the height um we are
existing at field this sorry and I've highlighted in red the changes from last time so it's easy to see them so if you look at the chart on the cover sheet top left um the height of the structure is
21.2 existing we're hoping to save it and 18t maximum is the maximum we would be allowed if we were building a new pool Cabana so those two BT variances at the bottom of the chart are continuing on
the existing there was a um a use variance S at the last hearing on the top box we're now eliminating that use variance so that X went away we also uh would still need a building coverage varant of
30.5% where 25% allowed sorry 34 30.5% proposed where 25 is allowed and that is an existing a pre-existing non-conformity um when we did the front
housee we had a different survey that let me count that garage as exempt for its footprint we had a new survey as built when we did this we had to go back and check our measurements the actual back structure is larger than the 440
when it's larger than the 440 we need to count all of it so we're actually existing technically over and technically would remain over on building coverage and that was the same when we were here at the last meeting again we're just hoping to save the back
structure it's already been renovated on the outside when they did the front housee um they just put all new siding trim doors to match the house we just want to now finish the inside so three pre-existing
nonconformities would continue for elimination of the use and then we were seeking a parking bearings when we were here before if you remember because if an apartment was created back there it triggered two more parking spaces by eliminating that we already have the
three that are required for the front the use and the parking variances went away from the last meeting and then three both variances would continue not changing the volume size of the back structure uh and in addition to that can
you just describe U with the heating and cooling what the plan is as proposed for that yeah so we before when we had an apartment plan we were proposing an outside condensing unit on the west side of the building in a compliant location
we're still proposing that and then inside if you look at the second I'm sorry what was going to be in the code of compliant location um an exterior AC condensing unit thank you to the west of the structure and then on the second sheet if approved we' like to hang an
hbac unit um at the back of the garage the Cabana and then there'd be a soet to take duct work um just to get heating and cooling for the first floor into the half bath and into the PO house and as
far as the second floor what's proposed on the second floor second floor existing is um open studs right now but there's a wood floor down a finished wood floor there's column in the middle we just want to dry wallet and put in
some lighting and some Outlets um there's an opening for the St just a hole so and the stairs there which could fall so we'd like to put a half wall around that very simple just to keep it clean and no hea and cooling on that side no heat and cooling it's
open to the Cabana below it yeah so those are the proposed changes from the last hearing obviously significant difference without the use variants um but again these are structures that are already existing on this site so we're not changing what's already there we're changing the
identity being proposed um and that's the gist of sorry I I apologize CU I'm looking at my second sheet there's a couple more red boxes that were changed when we had an apartment there we had an erress
window proposed on uh the side the West Side that's now been eliminated from the project and we had two skylights proposed to bring some lighting into um the front of the apartment that now have been removed also I'm sorry that I
missed that see those red boxes on the elevation and without those eess windows you can't have an apartment in there anywhere not thank you thank you that covers your presentation um we're going to start with with questions questions okay um on
the second floor said you're going to drywall are you going to insulate the second floor no isn't that going to hurt your efficiency of the heating in air conditioning we would be insulating the floor over what we're heating so you only insulate the envelope of what
you're heating okay good question that's all I have for Ma I'm sorry no questions I'm good okay bar um no questions I think I'm okay wondering
about the heating heating just winter the pool is small you know just U just because we sore you went at the last meeting and it was last year just state your name again for Charles CCO C all right do you swear that the information and testimony you're about to provide will be the truth best knowledge to help you guys yes and just
because I wasn't here last time you're the owner of the property yes and my wife that's here and how long have you owned it roughly two years and do you live at the site yes and it's a single family home yes thank you so we're friends with dve kinel down the RO he built our house and he's the one that
made us get the pool that didn't want and it's small but he keeps his pool open in November so we tried doing that this year but when we were trying to change it was really cold in the garage so he's like y you got to heat the garage and that's really why we want to heat it because we want to use the pool as long as we can and we're actually opening it in April so it's still going
to be cold and things in that nature so that's why we wanted to that's it thank you I don't have the pool house orance in front of me so I guess my question is other than I guess you're here before because it's still trigger some variances but if it didn't trigger
variances does the pool house comply with the is it is there anything that's deviating from the ordinance other than I'll read the ordinance of the record maybe that'll help so the Full House ordinance says a one level detached
accessory structure with a closed roof permitted to serve a lawfully existing approved inground swimming pool on a residential property to be used for recreation or storage purposes associated with the residential use of the property only one pool house is permitted for residential property in
addition the pool house shall comply with the accessory structure requirements for the Zone in relation to the bulk requirements location in the yard lot coverage and setback a pool house is not permitted to have Heating and or cooking equipment air conditioning but may contain a half bath with limited hot water capacity a deed
restriction containing the following language to be filed filed with the m County Clerk's Office the gror grantee specifically represent and warrant that this deed contains a deed restriction whereby the pool house used will not contain Heating and or cooking equipment nor contain contain air conditioning
bedroom Andor living quarters kitchen or be design for cooking and sleeping but may contain a half bath with limited H capacity these restrictions tend conversion to a hitable space so with that said what we're looking for is the ability to have
the outside of that no cooking area no bedroom and none of those other amenities but the client is asking to have the uh authorization to have meating and Cooling in that space on the first FL and and there will be a needed restriction as to the other items oh
yeah yeah that I mean that's a requirement in the ordinance so we have to comply that yes that another varant well I think what he's saying is they if if you were not going to have the heated you're saying you might not need any variant rela or you not need
Vari for so because it's a I guess technically because it's a conversion of the use of the structure you still need variant relief because you don't meet the side the rear yard setback you don't meet the height or buing or building and then and then so they also need a
variance relief from this pool house because of the your request to be the first floor correct and it's an existing structure so we're proposing reuse it okay and so I guess
just out of curiosity the last time here yeah we're actually looking at that place on Monday on eth AV River a place just went up in the building right there he's over 55 so we're going to look at that apartment just went up we just schedule a real it's pretty good price so we'll see but I'm hoping to get that for him so he'll be right around corter
be able to walk over I think so we appreciate it this might have been too small for him anyway so it might and this place going up might be best of both worlds okay um in that pool house description said it was on one story it was part of
the restrictions for the pool house yeah I mean I think I I think it probably contemplates you strucking it as opposed to using an existing structure but doesn't it trigger then VAR for two scory I I think if you're inclined to approve it I think we should have an abundance caution we should say to the
extent that that variance is necessary already have variance for coverage would be theight in and the number this because it's now full it's already listed in our chart not separately from
the height though if you see it I put the height and the number of Stories on the same line on the cover sheet but if you want it listed as separate I understand that legally but it it's in our chart too one story but we're it's existing
two proposed two and allow is one are you going to be able to tie in the uh first floor half to the existing shower Plumbing or is that going to be we need a new bigger line for the toilet
okay and the only other thing that I had is on the insulation if you don't insulate the upstairs and it's open from downstairs to upstairs your heat's going to rise and no we we we have to insulate the wasn't isn't the staircase open or something did you say before yeah it is actually and you're going to lose your
heat right up that staircase yeah we'd have to either close that off or insulate the whole thing it's not it's not really in our jurisdiction to tell you to insulate but I'm just saying no you're right we won't get um we won't pass the energy code on that okay and the AC unit that you're
going to propose on the back does that hang into the two and a half foot no it's on the side on the West Side you see it on the cover sheet it's called out and hatched oh no didn't you say you had to put one through the roof or something like that no we just got rid
of skylights that we had before thing you got rid of the skylights a window an window that we had the bedroom but there's nothing new Mary I think he's talking about your testimony um yeah oh that's inside the
building oh that's hang that's the furnace inside the building that's hanging under the ceiling inside the building okay I just didn't want it to go into that two and a half or 3ot area anybody else got any questions um you
hbac is that a Min Split unit or traditional it's traditional okay when you say hanging inside it's just not on the floor okay so yeah the air handler is there okay are there any questions or comments
from the public on this application I don't see any and we'll move into Bo comments starting with j I think I have no further comments I think everything's been
answered I appreciate your your you're changing your VI have no questions sorry U exactly the same I appreciate the change of using as access to me changing garage to
the 10 month party I have no comments either I'm going to vote for it myself so can we sure if we um are going to vote to approve the application some of the potential conditions would include of course compliance with all the promises and
representations teammate through the public hearing process compliance with all the burs affordable housing rule regulations contri dir if appable um as a standard we have 24 month time frame have the adoption of the resolution to
secure your building permits obtaining any necessary outside approvals uh grading and drainage details to be reviewed and approved by the bur engineer unless they wave and then um certification when the um work has been completed that the improvements have been installed in accordance to the
testimony presented the approv plans and the resolution peret maintaining uh and replacing Landscaping as necessary um now I guess we would say um in terms of uh it's I I guess what we
did last time A9 what we marked in Mary your plans supersede the first round of plans um and that the Cabana or pool house is not to be utilized as a dwelling unit and uh
confirmation that no use variants and um so is it the first floor is going to be heated uh but it's only the first floor so the second floor is not techically heated is what you said and um it's not going to be utilized as
living space second floor is storage only um let's see uh we're going to have the deed restriction uh that the ordinance requires by the way would you send me that ordinance uh absent the heating and
air conditioning and the nature um let's see Mary said code compliant exterior air conditioning to the west of the structure but in his Zone and compliant location compliance with any uh applicable FEMA regulations um there's
usually the board talks about no further expansion or intensification of the of the pool house absent for the approval um um and I I guess I said there's no cooking in that technically
yeah so so the language in the ordinance we would mimic exactly the language in the ordinance for the D restriction um but remove got heating and air conditioning um it does not talk about one story in that deep restriction oh
okay but that is a Vari obviously got it and then um uh no conversion of of the um for the ordinance no conversion of that uh pool house to liveable space and um Mary said
you might need a bigger line for for water okay compliance with the building and construction code regulations and I guess Mary um initially said insulation only but for the first floor but you may possibly insulate second floor is that
yes okay and obviously necessary outside approvals so I think that was the gist Jeff are you okay with that I have no objection to that can I ask a question not to confuse the issue but the site is completely done a grading and drainage
plan would we're not proposing changing anything about the grading and drainage new gutters and leaders were put on uh that building when it was renovated on the outside already good there's no issue I don't see any do that again so
we'll eliminate that as a condition so Mr chairman if that's okay we can have a motion to approve sub to those conditions I'd like to have somebody make a motion to approve this application I'll make that motion second yes thank you than you very Lu
everybody lot of all right Mr chairman as the team comes up we do a couple of preliminary procedural things [Music] first to be the to I'll tell you what
told me and uh is there anyone here in the audience who had any questions or comments or concerns regarding the sufficiency of the notice they receive all right there's no one here objecting to under notice so towards that end the board
secretary and I reviewed the notice and found everything to be in order so it would be my humble opinion that be a jurisdiction to proceed and what we'll do is we will margin to the record what we as a board have before us A1 is the application pack
and that's dated October 24th 2024 and A2 is the application checklist and A3 is the buau of Belmar minor land use zoning permit and that
was dated February 15 2024 and see A4 are the um is a grading plan prepared by Jensen Design Group and that's dat is May 20th 2024 consisting of two
sheets and I think that's it all right all right good evening Mr good evening Cy good evening chairman L gent to be back another year5 actually going as I'm over this chest
and head co I'm going to try to conserve voice and I'm going to try to conserve words because this is pretty simple I'm hold my comments by the word I used to now it's um to my right going have two
witnesses Mr Donald to my right the and Far Right Mr Jens the engineer and in very same fashion you're got to hear that Mr Brown his wife bought the property few years ago Mr
Brown for half a century really doesn't look that old and um he spends time here U while there are um two structures on the property some utiliz as a single
family um and Mr Brown is fortunate enough to have some grand kids and one of the ways to get the grand kids is take them to the beach but now them a pool they've been asking for so that's why we're here um when Mr Brown came to
myself uh with Mr Jensen we discussed the matter and we said the pool is actually an expansion of nonform use so with that I have C Mar the bo put on before you this evening
and Mr Kenny i k I received a call from April or my office did indicating we had six board members tonight um obviously I'm a us five affirmatives generally I don't go
forward with six when I do go forward with six I ask that I reserve the right board comment that uh if in fact I I feel a need for a seventh board member that I reserve the right for the seventh board member to read the transcript and
we carry the V I don't think this is controversal I don't see many behind that's that's where I'd like to go time is valuable it's hard to get on board I want to try to strike while we are inside
okay all right Mr Brown introduce yourself you know what I'll swear him in first why don't you just state your name and address for the record please yeah my name is br22 East Drive
s and uh Mr Jensen your name and business address please so William E Jensen Jr Jensen Design Group um Seager 2150 R 35 sweet 250 and Mr Jensen you're testifying tonight in Your Capacity as a
licensed professional engineer in state of New Jersey everything's current I've been in front of the board for do a lot of work in town perfect uh gentleman if you could just Raise Your Right hands do you swear that the information and testimony you're about to provide will be the truth best a knowledge to help
you guide yes yes okay let the record reflect both Witnesses have been sworn and um Mr shyers would you mind particularly with your U voice uh if I could just ask your couple of real basic questions to your clients just so I can get the information for the resolution I would
prefer okay so um Mr Brown how long have you on the property bought it October years ago October be2 I believe 22 yes okay
and uh so there's two structures there's a uh it's two separate dwelling a front structure and a rear structure that's correct all right soil ass pre-existing nonconforming use yes okay so with regard to the front structure it's used as a single family home that is correct
and uh number of stories two number of bedrooms and the first on the front structure the front structure five and number of bathrooms three and a half okay and is that front structure occupied uh three once a year okay I
mean do you use that as a second home yes okay um and then for the rear struct that is a technically a single family home that is a non AED space downstairs okay AC upstairs and um how
many stories that of that structure bear structure two two and how many bedrooms I guess I call just one okay um and how many bathrooms there is a full
bath downstairs non space okay and is that occupied it's not okay um thank you so much uh Mr Brown uh you heard my brief introduction can you just conf elaborate
uh say whatever you like to say about your desire this evening regarding the pool yes I mean I I was born and raised in marown me and my family come here since
like I told Bill over 50 years to Belmore in this area I moved to Florida over 30 years ago and U my kids my two boys have stayed iny they have a family
here and you know it's waiting for me and my wife to come back what I consider home even though it's not marmar is close enough and get the kids and the family to comech and it's your desire to uh
install a modest swimming pool between the two structures is that correct that is correct you sat with me and we also talked about ask sometimes we like to give and we talked about how we can make the property better and more Zone conf
correct that's corre we'll leave that to the engineer and with that Mr I'll just give quick description of everything that's about the property and what's going on existing and proposed it's a
block 990 Lot 12 in the r75 zone it's an oversiz ,800 ft lot um as everyone discussed it's got two buildings on the property it's located on 10th Avenue and surrounded to the to the north east and
the south of the Residential Properties and to the West is uh Condo Association so condo units toout that other property um currently it's got the two structures uh existing pave driveways
and paper patios uh off street parking is currently two spaces where with the the non-conformities five required uh we have existing building nonconformity for the front set back at
19.8 required the rear building is a nonperforming rear setback of 1.6 ft were 3ts required existing building coverage of nonconformity is 31.2%
20% is allowed should be noted that nothing is being touched on any of the structures of this project it's all just for the pool and I'll explain later to expand the parking to meet the requirements and the existing impervious
coverage is non Conformity of 49.1 where 40 is allow all right so I'm sorry now we're proposing a 15 by 20 foot inground pool located I'm sorry what was the measurement 15 ft by 28
ft in ground pool is located to requir of 10 ft from each structure and also Mi the sideway setback uh to the West with 29.9 ft and it me the rear set back of 42 ft for 10 is
required um 564 sare ft of semi perous C patio it's 564 square4 square foot of paper patio semi semi perw paper patio is
proposed around the pool in between the buildings and also um we're eliminating the existing fav driveway or asphalt driveway and proposing 1100 and 46 ft of sem cus paper driveway
which will now be 18 foot wide and deep enough to accommodate six Vehicles instead of the two that existing so now we don't need to parking varant to meet the requirements um now we're us utilizing
the semi Pur papers we're reducing the existing lot coverage of 49.1% down to 41.3% how are you doing that um think the semi perious favers allow you to count for the cover because it allows
for storm water to mitigate through it and you charge back into the ground is required in the ordinance and are you pulling up the impervious pavement and replacing it correct all the assisting driveway the old driveway and actually
the existing patio area was actually removed as we were going into the pool because we didn't we didn't realize we had CR on the board so they actually pulled it up but that has been removed already I I have a question on your s
plan I just noticed it now sure um you see where the two cars that are deepest in the property closest to the pool yes it appears that you have the fence going across Bing those two spots is the is the fence going to remain there or is it
going to be relocated so the fence is going to be relocated to the front side of that it was a a drafting error in our part before we submitted the plans right front so in the front of the the new proposed parking area the fence will
come across and into the building so so the driver would be completely out of like towards I guess the front yard you say from the fence so that East West fence line is going to shift to the north to allow free parking correct from
the pav area correct all right um you talked about the reduction of imp youal about the elimination of par variants and I just want to ask you some
questions regarding um the neighborhood we said forth that for the West there is a multif family uh complex um that's correct correct and also from an engineering perspective did you design
this at all storm water runoff will be contained to the best disabilities upon this property and not run off proper correct with the approved driveway the new driveway we have all the proposed
improvements drainage is directed into the center of the driveway towards the the street so it doesn't impact chasing properties throughout the anywhere on the property so from from a
a perspec Ive of um I'll say case law um and instructions by U by our um our master plan and the municipal man use law uh when there's a use variance which
you don't always hear but uh I'm a student of those with all the appeals I've been through lately the uh uh positives and negatives need to be presented to the board regarding property I'm going to ask you
whether you agree with the F that U by reducing the impervious the Browns are creating a better absorption of uh water storm water and assuring that water is not running off the property correct
correct and uh also from aesthetic perspective they're removing uh tar and theam and they're replacing it with new U perious papers correct correct you would consider that a positive aesthetic Improvement yes we talked about less
impervious that is a positive under our Municipal land use law correct correct um making the parking compliant U enhances the general welfare by relieving uh parking on the public
streets at the summertime to a price commodity correct correct we also need to look at the negatives and uh simply the addition of pool uh do you find any negative impact in any way either
belmar's master plan or any substantial detriment to the Zone plan for the neighborhood no you find that the property is particularly suited for improvement as it's an oversized lot U it can handle
the pool we're not increasing any intensity or density to the do you agree with that yes and also we're not adding any additional structures or square footage for usable um living space other
than corre that's all I have Mr chairman thank you thank you so we're going to start questions don't question the use of the rear dwelling or rear building you're not using it as a dwelling at
this point is it legally or is it listed as a second dwelling at this point I think it's listed on the the tax card as to if you're not going to use it for dwelling in the give or take that you
mentioned would you be willing to give up that absolutely you want to make that a condition I would like to make that a condition of the five house is pretty nice for the grandkids was never
in St all good by the way I walk PR your house every day with the dogs I'm sorry you're pulling up the driveway it's a beautiful driveway PR okay thank you Jim yeah the
only comment uh this probably for Ted on the minor land use application denial number four says this will now be a single family did we write that or did they write that that's for the
that's oh sorry my fault that's all you got there Jim what that's all you got that's all I everything else okay um obviously your fening completely enclosed is what area the pool is the whole backyard is completely ened the only that will
change bill just mentioned we'll have to change the front when the drive go we have to reust the date and that fence to close the do you have power wires going over top I have power
wires so we'll be the backyard coming up and back out so yes also I think that's all I have for you is there anybody in the public that has any questions or comments on this not seeing any we move the board
comments I'd like to make a comment in consideration of what Mr shers had said it earlier uh he's going with a lower number of people on his board and would like the reserve the right to hold out of this vote if he thinks he's not going to get it I would ask but not require
that as you make your comments would you if you could would you comment slightly somewhat if you intend on voting for or against it it will help Deion coms only comment is beautiful property
is just make it nicer andad thank I agre you're also based on my last request I'm in favor with the abandonment of the two family use I'm in favor of the
appliation I'm in favor of it also I to I'm in favor of it I appreciate uh the change of the impervious the parking is a big deal giving up the second family I think that's a very big deal for us and the upgrade and appearance it all a big
positive to the town and I'm in favor of the application driveway yeah so we have to that's going to be another variance for the driveway because there's a 10t wide Max onum driveway and you're going to 18 uh just for clarification so the
driveway will be 18 ft on the property but it's the curve cut and everything will remain the same smaller but it still requires yes I just want because of the width of the driveway even though it's not the curve cut I just wanted to let the appreciate that street that particular L and
accommodate that though and so just so I'm it's a 10 the driveway with variant Ted maximum 10 foot and do I say they're proposing 18t at the property okay the just complicate this whole thing a little bit more is is would anybody have
a problem he's got an 18t wide driveway a 10 foot wide opening if we gave him an 18t wide curve cut I know it's he's already increasing his off street parking by you're going to L you're going to lose space no we're going to lose
look I have no problem all right maneuver you are to lose one member at all is against this I would like it because to be honestly it would look nicer it would look nicer and it' be easier for you to pull in and out for the town you are going to lose the space but we're gaining because you're getting
wol street parking for your but if you're against it I it's it's taken too much of a chance we pushed a couple other people I I just think be honest with you I would love it but I
understand you will lose his space the use um the chances of actually having six cars on there the th my wife one car and the two kids with
three Ma we're doing real there's not going to be six cars there until Dad guys and they have a party they okay that that's my point is and and I've lived in many where you have to
go like this to park anyway so we're going to sure so Mr chairman if the uh board votes to approve this application some of the conditions would include our standard compliance with all the promises commitments and representations the team made tonight compliance with
any applicable affordable housing rules regulations contributions directives uh compliance with any outside approvals if necessary build is normally a 24mth time frame for in you get the necessary permits um gr andin details to be
reviewed by engineer unless he or she waves them full compant fence upon completion have a professional certification uh to saying that the um uh pool was installed in accordance with the testimony presented the approved plans and the
resolution um obviously this is uh approval is for the pool is not authorizing any fiscal changes to uh the structures and we talked about um um I wrote down is there a need to screen pool equipment or we don't have
to even do that I don't think it's required and I don't think it's going to be in the spot I might screen it for myself I don't it's and then we have what the testimony was about the elimination of the asphalt
driveway and the uh the 1146 P new driveway 18 ft wide UMC over the pool and we talked about
um um we're we basically officially and perpetually knowingly abandoning uh the two uh dwelling unit nature of the lot meaning that that that rear structure cannot be utilized as a habitable space
for dwelling in it and we typically have as a second habitable as a second habitable um and we' have some type of memorandum just recorded pretty pretty vanilla recording that in the office of the uh County Clerk and I
think chairman I think we said want to sure that the tax assessor gets um word of that and we're going to make sure that the variant one of the Varian is includes the 10 foot I mean the variance for the maximum driveway with 10 ft
allowed 18 ft is proposed so Bill are those conditions okay with you your team thank you sum them up perfect thank you all right Mr chairman if they're good for you guys we could take a vote if they're good with everybody I'd call for a motion to approve mtion
thank yes Mr yes thank you thank you if the board wants um we have some litigation updates I can go into a very short executive session or wait the next
meeting want people here I whatever I have early night so to do that but people will miss it I mean we can repeat it if we have to and it's really nothing I didn't my letter but if we want just to give okay so
if so again this will not be [Music] long I'm make a motion we'll make a motion to go into executive session for the purposes of discussing pending anticipated litigation including thear
and the minutes preserv New Jersey Law the minutes will be kept